This decision follows concerns from DAUK, the British Medical Association (BMA) and others that the original consultation presented the recommendations of the Lord Mann Review in a misleading and legally flawed way.

DAUK acted before the original consultation deadline.

On 9 June, solicitors acting for DAUK, Leigh Day, wrote to the Secretary of State for Health and the Department of Health and Social Care (DHSC) seeking a one-month extension to the consultation.

Lord Mann Review

The request highlighted that Lord Mann’s Review had been published on 4 June, leaving doctors and representative organisations less than three weeks to consider its recommendations before the consultation was due to close on 23 June.

DHSC initially refused DAUK’s request for a formal extension, although it agreed that DAUK could submit further material concerning the Mann Review by 30 June.

The Government later revised its position, extending the consultation by four weeks to 21 July.

However, DAUK made clear that an extension alone could not correct the underlying problem with the consultation.

Withdrawn and reissued

On 29 June, Leigh Day wrote again on our behalf, arguing that the consultation remained misleading and calling for the sections dealing with the GMC’s appeal powers to be withdrawn and reissued.

DAUK has worked closely with other representatives of the medical profession during this process and supported the legal challenge brought by the BMA.

DAUK’s draft consultation response and legal position were informed by detailed work from our members, and we will refine this further for the new consultation.

The Government has now confirmed that it will consult again on the proposals, a decision DAUK believes is welcome and necessary. It also demonstrates the impact that coordinated legal, professional and public pressure can have.

DAUK continues to oppose the GMC retaining a separate right to appeal MPTS decisions.

Independent oversight

The Professional Standards Authority already provides independent oversight and has its own power to challenge decisions.

Giving the GMC an overlapping appeal power risks undermining the independence of the tribunal system and perpetuating the mistrust identified following the case of Dr Hadiza Bawa-Garba.

Dr Matt Kneale, DAUK co-chair, said: “The government initially rejected DAUK’s request for a proper extension, before extending the consultation for everyone and now accepting that it must consult again

“That sequence shows why it was essential for doctors’ organisations to challenge this process.

“DAUK was clear that additional time alone would not cure a consultation that presented the arguments unfairly.

Collaborative work

“Through our legal team, our consultation response, and our work alongside the BMA, we helped maintain the pressure for the affected proposals to be withdrawn and reconsidered.

“This is an important result for doctors, patients and fair regulation.

“We will continue to argue that independent oversight should rest with the Professional Standards Authority, rather than allowing the GMC to act as investigator, prosecutor and appellant.”

We are a non-profit campaigning and lobbying organisation led by frontline doctors, for frontline doctors. We are volunteers and our collective aim is to give frontline workers a voice to be heard.

Please support our work by contributing to our crowd funder.

Jenny Vaughan Memorial Conference

DAUK chair Ms Helen Fernandes said: “Thank you to everyone who made our inaugural conference such a success. “It was a day to be inspired by the presentations and discussions, and also by the enthusiasm and commitment of our members. “We have a lot of work to do. “Doctors and the NHS are under more pressure than ever. “But the conference demonstrated the power of collaboration and has certainly given me a renewed sense of purpose.” One delegate said it was ‘one the most enjoyable conferences I have attended’. Another said ‘congratulations on an excellent mix of highly informative sessions’.

Huge success

One delegate told us ‘excellent speakers, motivating and empowering’. Another said ‘it was a huge success’, while one simply said ‘I am not alone’. We’ve created a gallery of photos from the day. It was opened by Dr David Sellu, who talked about his life story and Dr Vaughan’s involvement in the quashing of his conviction for gross negligence manslaughter. We heard from Dr Richard Marks, chair of Anaesthetists United, in the week the organisation started its legal challenge against the GMC over the regulation of physician associates (PAs) and anaesthesia associates (AAs).

Physician associates

Dr Marks was taking part in a panel discussion on PAs and AAs. Chaired by DAUK’s Dr David Nicholl, it also featured former DAUK chair Dr Matt Kneale; consultant orthopaedic surgeon Professor Scarlett McNally; and Janet Eastham, the Telegraph’s social and religious affairs editor, who has reported extensively on PAs. DAUK sustainability lead Dr Matt Lee talked about the health impact of climate change and our work in this area. Dr Shireen Kassam, consultant haematologist and honorary senior lecturer at King’s College Hospital, discussed plant-based eating for health and the planet.

Media panel

A panel discussion helping to demystify working with and in the media was really well received. It featured contributions from Emma Wilkinson, vice-chair of the Medical Journalists’ Association; GP and media medic Dr Punam Krishan; and GP, broadcaster, and campaigner Dr Anita Raja. The discussion covered whistleblowing, misinformation, and how to build a media or social media presence. Prof McNally delivered a brilliant, quick-fire presentation on how to save the NHS. The morning session was brought to a close by the hilarious award-winning comedian Dr Benji Waterhouse.

Law theme

There was a law theme to the second half of the day. Esteemed barrister Imran Khan KC spoke on the experience of injustice. A talk on fitness to practise and freedom of speech by Andrea James, a legal expert in professional discipline and healthcare regulatory law, was really well received. A presentation on fitness to practise myth busting by the GMC’s Dr Andrew Hoyle was followed by a lively Q&A. DAUK’s GP committee members highlighted their work on behalf of general practice and the relationships they are building with other organisations.

Prize winner

Dr Neena Jha was the winner of the Jenny Vaughan Memorial Prize for her poem Who failed them?. Read more about the prize and Dr Jha’s poem. NHS palliative care doctor and acclaimed author Dr Rachel Clarke brought the day to a fitting close with a brilliant talk on ‘Kindwashing and other bad medicine’. Dr Clarke took to social media after the conference to discuss her speech. She said: “Huge thanks to the DAUK for inviting me to give the closing keynote of the Jenny Vaughan Memorial Conference. “I spoke on a subject dear to my heart – the insidious ‘kindwashing’ of UK medicine.” Please support our work by joining DAUK or donating to our GoFundMe.

Physician associates

DAUK is actively involved in the national discourse around the roles of physician associates (PAs) and anaesthesia associates (AAs). Our committee members have been vocal in the media, raising concerns about the roles and the regulation of PAs and AAs by the General Medical Council (GMC). We briefed politicians in the House of Commons and House of Lords on the draft Anaesthesia Associates and Physician Associates Order 2024, the legislation for the regulation of non-doctors by the GMC, as it passed through Parliament.

Leng review

DAUK also briefed Peers ahead of a Lords debate on the Leng Review, which we welcomed when it was announced in November. We responded to the GMC consultation on their regulation, highlighting the widespread concern on the lack of scope and standards in what is being proposing. The GMC has now begun regulating PAs and AAs, despite a lot of concern around it, with our chair Ms Helen Fernandes saying it will not protect patients or doctors. We have given our support and contributed financially to a legal challenge by Anaesthetists United to the GMC regulation of PAs and AAs. DAUK will not let up on the issue of PAs and AAs. We firmly believe the future of the medical profession and the patients it looks after are at risk.

Dr Jenny Vaughan

We were deeply saddened by the death our dearest friend and colleague Dr Jenny Vaughan. Jenny was a founding member of DAUK, a past chair, and absolutely lived and breathed the Association. There were touching obituaries in the Guardian, the BMJ, and on BBC Radio 4’s Last Word. We are holding a FREE conference in memory of Jenny on 17 May (10am to 4pm) which will feature panels, discussions, and presentations on the causes she was passionate about, as well as some of the challenges facing the NHS.

GP crisis

Our GP committee has been extremely busy highlighting the issues that face general practice. Dr Ellen Welch’s book, Why Can’t I See My GP?, has been a cornerstone of our work with a copy sent to every MP before the general election to help them understand general practice and to make it a key issue. Since the election, copies have been sent to members of the Health Select Committee and to MPs who are also doctors, and we have relaunched our GP manifesto. Dr Welch featured in the Daily Mail, the Sunday Times, i News and the Daily Express, and was interviewed on Sky News, BBC Radio 5Live and BBC Radio Cumbria – among others. Her book prompted debate on ITV’s Good Morning Britain about which types of ailments people should see their GP with, and whether children should be taught in schools how to use and access the NHS.

Manifesto

The GP committee hosted an election briefing during which it unveiled its manifesto for saving general practice. Since the election our GP committee continues to hold the new government to account on issues around general practice. We warned that the increase in employer National Insurance contributions could put financial pressure on already struggling general practices. And while we cautiously welcomed an announcement by the Health Secretary, Wes Streeting, for an extra £889m for general practice, we stressed that a huge amount of the money will be swallowed up meeting those National Insurance obligations. DAUK continues to call for funding to help solve the GP crisis. Indeed, we welcomed the findings of the Darzi Review, which advised the government to invest in general practice.

Work with government

We have offered to work with the government on solutions to the issues facing primary care. Our research has found that the equivalent of 3,000 doctors are currently unemployed or underemployed stand ready to work in general practice with the right investment. Committee members have been incredibly busy speaking to the media to highlight the issues facing general practice, not least Dr Sarah Jacques who shared her powerful story of burning out as a GP on BBC Breakfast and in the Telegraph. GP spokesperson Dr Steve Taylor has produced an astonishing wealth of data and statistics on the NHS and general practice, which he shares in his social media network. It’s helped Dr Taylor build an extensive following, including with health journalists, and insert him and DAUK into social media conversations.

NHS Practitioner Health

We highlighted a move by NHS England to stop the funding for hospital doctors referred for help to NHS Practitioner Health. Those who support doctors through Practitioner Health were also told just the week before it was due to be closed. One of our members, at that meeting, anonymously tipped us off. A social media campaign highlighted the NHS England plans in the media and the decision was reversed less than a week later.

Dr Sarah Benn

We were ‘shocked and saddened’ by the sanction handed down to Dr Sarah Benn following her Medical Practitioners Tribunal Service hearing. Dr Benn, a GP for 32 years, was suspended from the medical register following her participation in peaceful climate protests. DAUK’s Dr Steve Taylor wrote a letter to the Times on the case and the discussions around it, saying that protesting would not affect clinical judgement or trustworthiness.

Climate crisis

We joined Plant-Based Health Professionals UK (PBHP UK) to highlight serious concerns from the medical profession over the Government-backed Let’s Eat Balanced campaign. Dr Matt Lee, DAUK’s sustainability lead, and Dr Shireen Kassam, director of PBHP UK, co-wrote an open letter to the Agriculture and Horticulture Development Board (AHDB) and the Department for Environment, Food and Rural Affairs (DEFRA) to express their deep concerns at the high level of misinformation within the campaign, and ask for the campaign to be retracted. The letter was reported in a number of publications including the Independent and openDemocracy. A series of guest blogs have been published on our website, including this by Dr Marnie Sethi on the health impact of the climate crisis.

NHS Whistleblowing

DAUK supports the proposal for the Office of the Whistleblower and is working with not for profit organisation Whistleblowers UK to change how society thinks about whistleblowing. Dr David Nicholl is at the forefront of our work in this area to enable healthcare professionals to raise concerns without fear. Dr Nicholl highlighted our work to protect NHS whistleblowers at the Medical Journalists’ Association’s (MJA) symposium on Building Trust in Health Journalism. The symposium was supported by DAUK and gave our committee members the chance to hear presentations on a range of issues, and to make contact and build relationships with key health and medical journalists.

Overseas NHS Workers Day

The NHS came together for our fourth annual Overseas NHS Workers Day on Friday 1 March. Overseas NHS Workers Day is now a firm fixture in the calendar and provides a chance to celebrate the incredible contribution they make to the NHS and the health of our nation. Social media was full of videos, photos and the stories of our international colleagues, using the hashtag #OverseasNHSWorkersDay. Trusts displayed flags representing the countries of birth of overseas staff; colleagues wore blue and green, the colours of the day, and some even had an international-themed lunch. Overseas NHS Workers Day takes place this year on Friday 7 March. Join in the celebrations.

Academic Foundation Jobs

An open letter was sent to all medical school deans urging them to unite in opposition to changes to the allocation of academic foundation jobs. We believe UKFPO’s announcement that all Specialised Foundation Programme (SFP) applications will fall under the Preference Information Allocation system posed serious issues. The frustrations of the many medical students who were allocated to foundation schools outside of their top choices were shared by our student committee. And we requested a formal review of the UKFPO system by the Department of Health.

DAUK in the media

DAUK and our committee members regularly contributed to articles and broadcasts, and provided briefings and background material to journalists working on more in-depth pieces. We are proactive in putting out comment on our website and social media, and sending it direct to journalists. Our members are working hard to build good working relationships with reporers, including though networking at events such as the Medical Journalists’ Association annual awards. Our work to oppose the expansion of PA and AA roles has had real cut through and been highlighted in the national media, and medical websites and publications. And we have had some stunning media coverage for our GP committee, with members regularly invited to comment in health publications such as GP Online and Pulse Online. We look forward to continuing to advocate for doctors, patients, and the profession in 2025. And, if you can, please support our work by becoming a member or donating to our Go Fund Me.

What is Just Culture?

Just Culture is about creating a culture of fairness, openness and learning. In a Just Culture, people can raise concerns over risks, errors, and near misses without fear of blame and punishment. DAUK has been calling for a culture of learning through our Learn Not Blame campaign, NHS England adopted the standard nearly a decade ago. However, anecdotal information suggests it is barely present when it should be universal. Now we need your help to see where the NHS is and to guide our future work in seeking improvements. This is more important than ever with increasing demand and staff shortages leading to poorer outcomes.

Just Culture survey

Please take a few minutes to complete our anonymous and confidential survey. Your feedback is vital. The survey is in association pilots’ union BALPA, which wants to understand the challenges in the aviation industry. Our survey on NHS Just Culture can be accessed here and will run until 20 December. Thank you for taking the time to complete it. If you have any questions, please contact the DAUK project lead here. And please support our work by becoming a member or donating to our Go Fund Me.

Dr Nicholl is encouraging Doctors’ Association UK (DAUK) members and supporters, as well as MPs and those with an interest in whistleblowing to attend events in Westminster as part of Whistleblower Awareness Week.

Whistleblowers UK has organised two events which may be of specific interest to DAUK members.

The first is titled Meet the whistleblowers: Exploring the issues and agreeing the solutions. It takes place from 1pm to 2.30pm on Wednesday 23 October.

The second is called Duty of candour and whistleblowing, and is being held from 10am to 11.30am on Thursday 24 October. Both events are in House of Lords Committee Room 4A.

These events will be an opportunity to meet people who have blown the whistle and hear how their experience changed their lives.

Lord Berkeley, vice chair of the All Party Parliamentary Group (APPG) for Whistleblowing, will chair a discussion on the problems with existing legislation and why it does not work, what needs to change and why they support the Whistleblowing Bill.

Dr Nicholl said: “Being able to highlight concerns and wrongdoings in the NHS on matters of public interest is absolutely crucial to the service.

“Failings can affect patient care, staff safety, and cost the NHS huge sums of money in claims.

“The freedom to speak up for staff and patient safety is vital to achieving a just culture in the NHS.

“But despite the clear benefits of whistleblowing, all too often those who speak out do so in spite of the fear of reprisal from employers.

Independent Office for the Whistleblower

“This is why we need an Independent Office for the Whistleblower and reform of the law with the new Whistleblowing Bill.”

For more information about these events and to book a free place, click here.

Finally we would encourage DAUK members and supporters to contact their Members of Parliament to attend via https://www.writetothem.com

Support the work of DAUK by donating to our Go Fund Me.

Dr Kneale said safeguards needed to be put in place to protect whistleblowers which would lead to a safer NHS.

He was speaking after taking part in a key session at Westminster hosted by the All-Party Parliamentary Group (APPG) on Whistleblowing.

The roundtable titled Whistleblowing in Healthcare, a lesson in futility, was held at the House of Lords as part of Whistleblowing Awareness Week.

During the session, Dr Kneale focused on the need for independent scrutiny panels in NHS trusts, which have been proposed by, among others, Arun Baksi, founder director of Our NHS Our Concern.

He also emphasised the need to reduce unnecessary referrals by trusts to the regulator, advocating for a system that better supports and protects whistleblowers.

This was part of a wider discussion aimed at influencing the Government’s Whistleblowing Framework review and reinforcing the proposals in the Whistleblowing Bill, which was presented to Parliament last year.

Dr Kneale said: “As DAUK’s co-chair, my participation in the Whistleblowing Awareness Week was driven by our commitment for healthcare reform.

“I highlighted the urgent need for independent scrutiny panels in healthcare to safeguard whistleblowers and ensure their concerns are addressed fairly and transparently.

“I also backed the Whistleblowing Bill which will enshrine in law these protections that are sorely lacking.

“Our goal is to foster a Learn Not Blame culture where any healthcare professional can raise concerns without fear of retribution, ultimately leading to a safer NHS.”

He was joined on the panel by a number of prominent figures including BMA chair Professor Phil Banfield, Dr Chris Day, emergency medicine doctor, whistleblowers Martyn Pittman and Peter Duffy, along with Ravi Jayaram, one of the consultant whistleblowers in the Lucy Letby case.

Dr Kneale added: “Hopefully the comments and recommendations will significantly contribute to the ongoing efforts to reshape whistleblowing policies for the betterment of all professionals and the public, especially in healthcare.”

The petition urges an independent regulator to be formed to hold NHS managers accountable for decisions affecting patient safety. Most managers are dedicated professionals, but some are not held responsible when their decisions negatively impact care. The petition highlights the recent Lucy Letby case, where multiple consultants raised concerns early but subsequently had their concerns dismissed without merit.

It has received the backing of one of the consultants at the centre of the Letby case at The Countess of Chester, Dr Ravi Jayaram who said:

“A corporate manslaughter charge against the Countess of Chester as an organisation might result in a large fine but this ultimately punishes the patients cared for there, whilst the individuals whose actions facilitated this situation face no sanctions and can continue to work on highly paid NHS executive posts.”

“There needs to be a system in place so that top-level NHS managers are subject to scrutiny through an independent professional regulatory body just as frontline healthcare professionals are regulated”.

Dr Matt Kneale, DAUK Co-Chair, said:

“We believe new accountability through regulation will improve NHS patient safety. Doctors and other healthcare professionals already answer to regulators if care quality drops — why do we not hold managers to the same standards when they control resources affecting care?”

The petition aims for regulation letting patients and families refer complaints about managers.

Dr. Matt Kneale went further saying:

“Managers must make difficult decisions on whistleblowing concerns, but shouldn’t escape responsibility for unsafe practices or outright neglect of concerns. Regulation would help to ensure transparency and accountability for those with such responsibility.”

DAUK believes that managerial regulation could improve care across the NHS and other healthcare providers.

The Doctors Association UK advocates for frontline doctors. It has launched a petition to create new laws regulating healthcare managers via an independent body. DAUK believes this will make managers more accountable for patient safety impacts from their decisions.

View and sign our petition here: https://petition.parliament.uk/petitions/642631

ENDS

Contact:

Lucy Stratton, DAUK

press@dauk.org

DAUK are delighted to see that Dr Jenny Vaughan has been honoured with an OBE in the King’s New year’s honours list. Her work has centred around highlighting the importance of a ‘Just Culture’ within the NHS, in the wake of what happened to Mr David Sellu and Dr Hadiza Bawa-Garba. Between 2013-2016 she led David’s ultimately successful appeal against conviction for gross negligence manslaughter at a time when cases were rising against healthcare workers. She was instrumental, with others, in drawing national and international attention to the injustice of what happened to Dr Hadiza Bawa-Garba and calling for a fairer analysis of the whole system rather than making scapegoats of vulnerable individuals.

More recently she has worked to assist many more healthcare workers who have fallen victim to injustice in the NHS, especially those from Black, Asian and Minority Ethnic  backgrounds, such as Dr Manjula Arora. She has also drawn attention to the plight of international medical graduates working for private locum agencies in unfair conditions. Much of this work has been done as part of the team at the Doctor’s Association UK and is continuing. If you would like to support our work please do consider becoming a member of DAUK https://www.dauk.org/membership/

Dr Vaughan said today:

“I am truly humbled and grateful that our work on ‘Just Culture’ which is so important has been recognised. I accept this award on behalf of my whole team. This includes all of those who supported the journey to overturn what happened to both David and Hadiza and those who have supported our more recent work on seeking basic standards of fairness in the workplace for international medical graduates and anyone under unfair sanction. Our ‘Learn Not Blame’ campaign calls for renewal of the core values in the NHS that promote learning from adverse events and prioritise fairness, openness and the wellbeing of both patients and health care professionals.  It seeks to empower everyone working in healthcare to do what they can within their own sphere of influence to ensure a better NHS to work in and one that is also better for patients. Everybody recognises that a just culture is what we should be achieving in the NHS.”

Dr Jenny Vaughan